Terms of use

1. Who these terms are between, and what MyFloorPro is

These terms are the agreement between you and J&NB Enterprises Pty Ltd (ABN 11 700 887 609), trading as My Floor Pro, the entity that runs MyFloorPro at myfloorpro.com.au. Through the rest of this document, “we”, “us” and “our” mean that entity, and “you” means both the person using the account and the business that person acts for.

MyFloorPro is an Australian marketplace that introduces flooring businesses to installers. “Installer” is the word the trade uses, and it covers a sole trader, a crew, a subcontracting business and a floor preparation specialist.

Here is the part that matters most, and it does not change as features are switched on. We are not the head contractor and we are not the principal contractor. We do not lay floors. We do not employ installers. We are not a labour hire business. We do not supply materials. We are not a party to the contract for the flooring work.

The business and the installer contract directly with each other. They agree the scope, the rate, the dates, the payment terms and everything else between themselves, and each of them stays responsible for its own invoicing, defects, warranties, insurance, work health and safety, site safety and regulatory compliance. We introduce them, and we keep a record of the introductions we make. That is our part of it.

We do not manage the work, supervise it, program it, inspect it, or take responsibility for safety on site. We do not set rates and we do not take a share of them.

Two different kinds of money are described in this document, and they never mix. Money for the flooring work is paid by the business to the installer directly. We do not collect it, hold it, or pass it on, and it never touches us. The only money we collect is our own fee for our own service, and only for the features described in section 9, and only once those features are switched on.

2. Who can use MyFloorPro

MyFloorPro is for Australian flooring businesses and Australian flooring installers, using it in the course of that business. Flooring businesses include shops and retailers, flooring contractors, builders, property managers, insurance restorers and commercial flooring companies.

To hold an account you must be at least 18, be acting for a genuine flooring business, and have that business’s authority to accept these terms and to act for it.

MyFloorPro is not for buying flooring for your own place. We do not currently offer any service to a person having flooring installed in their own home, and these terms do not cover that. If we ever do, it will be under a separate schedule written for it, with its own terms.

We open MyFloorPro area by area across Australia. Being able to register does not mean the marketplace is running in your area.

We may decline to open an account, or close one, where we are not reasonably satisfied that it belongs to a genuine flooring business or installer. Section 15 says how we go about that.

3. What is switched on, and what is not

The only things switched on now are registering an account, building a profile, and answering the Founding Network questions. There are no jobs, no matching, no expressions of interest, no contact details released, no messaging, no inviting colleagues from your own business, no fees, no payments, no feedback and no scores. None of that exists yet.

Registering an account and filling in a profile does not give you the rest of MyFloorPro. Each of these applies to you only once we have switched it on for your account:

• posting a job as a flooring business;
• matching, and expressions of interest in a job;
• release of the other side’s contact details;
• messaging another member;
• introduction fees and our own payment collection;
• getting back in touch with an installer you have already been introduced to;
• recording a change to a job after it has been agreed;
• feedback and the MyFloorPro Score;
• complaints, findings and account suspensions.

Every one of those sits behind a switch on our side, and every one of them is off. We may switch a feature on, open it to some accounts before others, or limit how much of it an account can use, whether for one account, for an area, or for everyone. We do that where we have a fair reason to, such as testing something on a small group first, keeping a service stable, or meeting an obligation we have, and not arbitrarily.

We may also withdraw a feature, and there are limits on that. Where you have paid for something and we withdraw it before we have supplied it, we refund or credit the unused amount, and section 10 says how. Withdrawing a feature does not take away a service you have already paid for and not yet received, and it does not take away a right that has already accrued to you.

Nothing in these terms is a promise that we will build a feature, release it, or release it by a date. Where a section below says “when this is switched on”, that section has no effect until it is. It is written down now so you can read what will apply before it applies, not because it applies to you yet.

4. Accounts, organisations and who may act for you

One person, one login, one email address. Do not share it. Tell us straight away if you think someone else has been in your account, at support@myfloorpro.com.au.

Your login sits inside an organisation, which is the business itself. The person who creates the organisation is its owner.

There are four roles. An owner holds the organisation and the billing. An admin can do everything except transfer ownership or close the organisation. A manager runs the everyday work. A member can only see and act on what is theirs. Where a business has branches, a manager or a member can be limited to their own branch.

We may act on an instruction given from an account that is signed in, and treat it as your organisation’s instruction, unless we knew, or reasonably should have known, that the account had been compromised or that the person giving it was not authorised to.

Two things you owe us in return, because they are the only way we can know. Tell us promptly if you think an account has been compromised. Remove somebody promptly when they leave your business or should no longer act for it, and tell us if you cannot. Once you have told us, we act on it rather than continuing to rely on the account.

5. Your profile, and keeping it accurate

What you put on your profile has to be true, and it has to be about the business the account is for. Other members make decisions on the strength of it.

Keep it current. That means insurance and licences that have not expired, site cards that are still valid, the areas you actually cover, and the weeks you would genuinely take work on. A ticket that lapsed six months ago, left sitting on a profile, is misleading whether or not you meant it that way.

We do not check what you tell us unless we say we have. Where we have checked something, we say what we checked and nothing more, and you cannot mark yourself as checked. We never describe everyone on MyFloorPro as verified.

We may ask you for evidence of something you have claimed. Where we cannot support a claim, we may mark it unchecked or take it down, and we will tell you why.

We do not ask for licence numbers, so please do not type one into a free text field. The same goes for phone numbers, email addresses, websites and ABNs while a job is still at the stage where names are not exchanged. Section 12 explains why.

Free text fields being what they are, personal information sometimes arrives anyway, in a summary, a link, an email to us or, later, a message. We are not going to pretend it cannot reach us. What happens to it when it does is in the privacy policy, and you can ask us to remove it.

You are responsible for what your profile says, including where one of our own people helped you fill it in.

6. Jobs, and engaging an installer, when this is switched on

A flooring business describes the work: what it is, the suburb, the dates, quantities, the substrate, what preparation is needed, and the commercial basis. The more of that is real rather than a guess, the better the job does.

Installers who suit the job may say they are interested, ask a question about it, or decline. Declining costs an installer nothing and counts against them in no way at all.

The business chooses who it wants to talk to and who it engages. We do not allocate anyone to a job.

The contract for the flooring work is between the business and the installer. Scope, rates, payment terms, invoicing, insurance, safety, defects, warranties and any retention are theirs to agree and theirs to enforce. We are not a party to it, we cannot enforce it, and we are not liable under it.

Nothing about a job on MyFloorPro makes an installer our employee, our worker or our subcontractor, and nothing makes us the employer of anyone.

We do not hold a deposit, pay an installer, or run anyone’s payroll.

7. Matching and ranking, when this is switched on

Matching works in two steps. First, anything that rules a candidate out removes them: the flooring type is not one they lay, the site is outside every area they cover, a licence the job requires is not current, the crew is too small, the dates are already committed. Then whoever is left is scored on weighted factors, including what they lay, specialist skills, whether they are free for the dates, distance from the site, verified credentials, preparation work, equipment and their record on MyFloorPro.

Every match carries a plain English explanation: which parts of the job the installer matches, and what is missing. Both sides see the same explanation.

Matching is an aid to your own decision. It is not advice that anyone is competent, licensed, insured, safe or right for your job, it is not a recommendation from us, and a high score is not one either. It is not a check of anybody’s credentials, and it is not an employment decision. Satisfy yourself about anyone before you engage them, exactly as you would with someone you found any other way.

A person always chooses. No decision that engages anyone, refuses anyone work, or restricts or closes anyone’s account is made by software on its own.

Nothing you pay us buys a better position in a match, earlier access to work, extra alerts or preference of any kind. We promise that as a term of this agreement: we will not sell a better position in a match, and we will not let anything you have paid us count towards where you appear in one. If we ever offer any kind of paid position on MyFloorPro, it will be labelled as paid, and it will sit outside the ordinary match rather than inside it.

Refusing work on safety grounds never affects matching, ranking or any score, and neither does asking a safety question first.

We tune the weights as we learn more. A match keeps the settings it was scored under, so an older score can still be explained.

8. Contact details, and getting back in touch later, when this is switched on

When this is switched on, and before an introduction is made, a profile is shown without the parts that identify the business: no phone number, no email address, no website, no trading name and no ABN. A job site is shown as a suburb, state and postcode rather than a street address. What is shown is what you need in order to judge the work: the flooring types, the skills, the gear, the areas, the dates, and whether a credential is current.

Contact details go out to both sides at the same time, once both have said they want to talk or one has been selected, and any fee due from the business has been paid. Until then we do not pass them on, and they are not sent to your browser.

Nothing before that point releases anything. Reading a profile, making a shortlist, sending an invitation, asking a question, being knocked back or hearing nothing back all release nothing.

Nothing is released early. No site address, no site access details, and nothing that identifies either side, goes out before the point described above. The ordinary rules in this section are the only route, and no arrangement outside these terms can bring one forward.

We may add a site measure feature later, so a site can be measured before the work is agreed. If we do, we will explain how it works before it is switched on, and it may need updated terms or a fresh acceptance from you. Nothing about it applies to you now, and this paragraph is notice that it might exist one day rather than a description of something that does.

An installer is never charged to find out who is offering them work.

We keep a record of every introduction: who was introduced to whom, when, and against which job.

We plan to let a business get back in touch with an installer it has already been introduced to, without starting again from the beginning. Whether that carries a fee, and how much, is shown to you at the time. Nothing is charged for getting back in touch without the amount being put in front of you first.

Once details are out, each of you holds information about the other. Use it for the job you were introduced about. Do not add the other side to a marketing list without their consent, and note that the Spam Act 2003 applies to you as much as to us. What we do with personal information is set out in the privacy policy.

9. Fees and who pays, when this is switched on

Flooring businesses fund MyFloorPro. Installers take part free, and that is the model rather than a launch offer.

We do not charge an installer a fee for a lead, for winning work, for being ranked, for finding out who is offering them work, or a cut of what they earn on a job. That is a term of this agreement, not a policy we can quietly change: if we ever intend to charge an installer for any of those things, it takes a change to these terms under section 20, with notice and fresh acceptance.

We may later sell optional software to installers: a calendar, quotes, invoices, licence reminders, somewhere to keep documents. Paid software buys software. It never buys a better position in a match, earlier access to work, more alerts, or preference of any kind, and section 7 says the same thing from the other direction.

A flooring business may be charged for the standard introduction, and for services such as a managed search or getting a job in front of installers at short notice. We do not set out a price list here, because prices change and a price list in an agreement goes stale. Instead this is the promise: before you post a job, accept an installer, have contact details released, or get back in touch with somebody you were introduced to before, we show you the amount before you commit to it. You will not be charged a fee you have not been shown first. Prices are shown in Australian dollars, every price says whether GST is included, and where GST applies we issue a tax invoice.

Prices change over time, and a change applies only to something you buy after it. We cannot reprice something you have already bought, and we cannot charge you a new amount for a service you have already paid for. There is no standing charge and no subscription for a flooring business, so there is nothing here for us to quietly put up between one job and the next.

What a fee buys is a service from us: an introduction, a search, a broadcast. It does not buy a promise that the installer accepts the work, that the job starts, that it is finished, that it is done well, that anyone gets paid, or that the two of you agree on a price.

We treat that service as supplied once we have actually delivered it: a working introduction, the search we said we would run, the broadcast we said we would send. It is not supplied merely because we charged for it. An introduction that is a duplicate of one you already have, or that releases contact details which are wrong or unusable because of something we did, or a service we simply did not carry out, has not been supplied, and section 10 says what happens then.

We do not collect, hold or pass on payment for the flooring work itself. We take our own fees and nothing else. The rate, the invoice and the payment for the work stay between the business and the installer.

10. Refunds, cancellations and unpaid fees, when this is switched on

Before we release contact details or otherwise supply the service you paid for, you can cancel and get the whole amount back.

After a valid introduction or other paid service has been supplied, there is no refund simply because you changed your mind, because the two of you did not agree on a price, because you decided not to go ahead, or because the flooring job did not end up happening. What you paid for was the introduction, and you got it.

We will refund, credit or supply again where:

• you were charged twice for the same thing;
• something on our side failed in a way that materially affected what you paid for;
• the contact details we released were invalid or unusable because of something we did;
• we did not supply the service you paid for; or
• the law requires it.

Whether we refund, credit or supply again depends on what actually fixes it, and we will tell you which one we are doing and why. None of this limits your rights under the Australian Consumer Law, which we cannot and do not exclude, and section 19 sets those out.

Where we show you more specific refund conditions before you buy something, those conditions form part of that transaction. They cannot reduce a right you have under the Australian Consumer Law or any other law that cannot be excluded by agreement, and where they try to, this paragraph wins.

Where a fee you owe us is unpaid, we will give you at least seven calendar days’ written notice before we stop making new introductions to you or supplying other marketplace services you have not paid for. We do not interfere with a service you have already paid for, and we do not withhold something you have already bought in order to collect something else.

We may restrict immediately, without that notice, only where there is fraud, abuse of chargebacks, a security risk, or another serious reason that genuinely needs acting on straight away. Where we do that we tell you why as soon as we reasonably can, and section 15 applies.

11. Recording a change to a job, when this is switched on

Jobs change. An extra room, a substrate worse than it looked, a delay on site. MyFloorPro will give you somewhere to write a change down and to record that both sides have seen it.

A record is a record. It is not agreement, and it is not our approval of anything. The change to the scope, the price and the dates is agreed between the business and the installer, the same way the original job was.

We charge for the introduction rather than for the value of the work, so on the direction we are taking, a change to a job would not change what we charge for introducing you. If a change ever did attract a fee, the amount would be shown to you before it applied.

A disagreement about a change is a disagreement between the two of you. Section 14 sets out the little we can do about that, and the lot we cannot.

12. Taking an introduction outside MyFloorPro, when this is switched on

Why this section exists: the fee a business pays when an introduction goes ahead is what pays for everything else, including everything the installer gets for nothing. What that fee is, and how it is worked out, is shown to you before you commit to it. Where an introduction we made is taken outside MyFloorPro so that the fee is avoided, the businesses that pay properly end up carrying the ones that do not.

So, once introductions and fees are switched on, none of the following is allowed:

• exchanging contact details before an introduction has been made, or asking the other side to;
• putting a phone number, email address, website, business name or ABN into a message, a question, a job description, a quote note or an attachment before details are released, including writing it out in words, spacing it out, or hiding it in an image;
• taking a job you first heard about here outside MyFloorPro so that a fee that would have been due is not paid;
• asking a colleague, a relative or anyone else to do any of that on your behalf.

What is allowed: people who already know each other keep working together, and nothing here changes that. We are not trying to sit in the middle of a relationship you already had. If you had the other side’s number before MyFloorPro, it is yours.

How we will look for it, once there are messages to look at. We will ask the predictable questions as set questions, so there is less need to type contact details anywhere in the first place. We will warn you while you are typing where something looks like contact details. Where a message is flagged, a person looks at it. Apart from that, and apart from the records a complaint needs under section 14, we will not read your messages.

Text matching a pattern proves nothing on its own. It never establishes that this section was broken, it never charges you anything, and it never restricts, suspends or closes an account. Only a person can make a finding, after looking at both accounts and our own records of what happened.

The limits of that, stated plainly: it catches the casual and the half deliberate. Two people who both want to avoid a fee, and who are slightly careful, can do it, and we are not going to pretend otherwise. We can also flag something entirely innocent. A flag is not a finding.

Where a person does find that this section was deliberately broken to avoid a fee that was properly disclosed to you, we may ask you for two things and no more:

• the fee that would have been payable had you not avoided it; and
• our reasonable direct costs of recovering it, and only to the extent the law allows us to recover them.

There is no multiplier, no penalty and no invented fine. We do not charge you more than the fee itself for having avoided it.

Where the conduct is repeated or plainly deliberate, we may also restrict a feature, suspend the account or close it. That happens after a person has reviewed it and after the notice process in section 15, and you can ask us to look at the finding again under section 16.

13. Feedback and the MyFloorPro Score, when this is switched on

Both sides of an introduction may be asked a short list of fixed questions: whether contact actually happened, how communication went, whether what was agreed was done, and whether the job or the profile matched what you found. The questions are closed ones. There is no open comment box, and nothing anyone writes is published.

The score is one number out of five, with three parts under it: communication, following through, and accuracy. Beside it sit two counts, introductions and answers received, which are shown and never scored.

What the score is not. It is not a rating of workmanship, because nobody from MyFloorPro inspects a finished floor. It is not a review site. It is not a credit check, and it says nothing about whether anyone pays on time. It is not a licence check: what we have verified is shown separately and is never folded into the number, so a good score alongside an expired licence still reads as an expired licence. It is not an insurance or safety rating. It is not a guarantee about anyone. It is not for sale.

What must never move a score: paying us anything, holding any paid software from us, how much work you do, declining an invitation however often, having no free weeks, not agreeing on a price, not winning the work, raising a complaint, being in one that is not upheld, a report nobody could substantiate, refusing work on safety grounds, and anything a machine decided on its own. Filling in a profile does not earn a score either, and a score cannot exist before an introduction does.

Every event that can move a score is a named event, and you can see your own list of them, with the date and what each one counted towards. A finding against you is made by a person, after both accounts have been heard and our own records checked. One party saying something happened is never enough on its own.

We will run the score quietly before we show it to anyone, and we will not display a number until enough answers exist for it to mean something. You can ask us to look at a finding again, and section 16 says how that works.

14. Complaints and disputes, when this is switched on

A dispute about the flooring work is between the business and the installer. We are not a party to it, we cannot decide it, and we cannot make anyone pay anyone. That is not us dodging it: we were not there, and we did not do the work. The same goes for a disagreement about an invoice, a defect, a delay or safety on site.

What we can do is look at what MyFloorPro recorded. What the job said before details were released, when an invitation was sent and answered, when details were released, and what was paid to us. From that, and from both accounts, we can make a finding about conduct on MyFloorPro and act on it.

A finding about conduct is made by a person, never by software alone, and you can ask us to look at it again under section 16.

Our own people can see the records a complaint needs, which can include messages between members. That access is limited to the people who need it, it is logged, and it is covered in the privacy policy.

Nothing in this section takes away your right to go to a court, a tribunal or an ombudsman, or your rights under the Australian Consumer Law.

15. Restricting, suspending or closing an account

This section is about what we do when something has gone wrong, and it binds us as much as it binds you.

Where we think you have broken these terms, and it is an ordinary breach rather than something serious or dangerous, we will:

• tell you what the concern is, in plain language;
• give you the reasons behind it;
• give you at least seven calendar days to respond; and
• where the breach can be fixed, ordinarily give you 14 calendar days to fix it.

We will not restrict, suspend or close an account for an ordinary breach before that has happened.

We may suspend an account immediately, and before any of that, only where it is reasonably necessary because of a credible risk to somebody’s safety, fraud, somebody using an identity that is not theirs, a cybersecurity risk, a legal obligation we have to meet, serious harm to another member, or something similarly serious. An immediate suspension is a temporary protective step, not a decision about you.

Where we do suspend immediately, we will:

• give you the reasons as soon as we reasonably can;
• give you a real chance to respond; and
• review the suspension within two business days.

We do not hold a general right to suspend an account whenever we feel like it. Everything in this section has to be reasonably necessary to protect somebody, to meet a legal obligation, or to protect MyFloorPro from real harm, and it has to be proportionate to what actually happened.

Closing an account is the last step, not the first. Where a breach can be fixed, we go through the process above before we close anything. Where the conduct is serious, or there is an immediate risk of the kind described above, we may close or suspend the account straight away to protect people, and then give you the reasons and a review.

Where we close your account and you have not broken these terms, for example because we stop offering a service, we will give you 30 calendar days’ notice. The exception is where carrying on would be unlawful, would be unsafe, or is genuinely impossible for technical reasons, and we will say which one applies.

You can close your own account at any time by emailing accounts@myfloorpro.com.au, and you do not have to give a reason. Fees you already owe stay owed, and the records described in section 18 stay with us.

On closure your profile stops being displayed and invitations stop. The ordinary profile information behind it is deleted, or held in a form that no longer identifies you, where we no longer reasonably require it, on the basis set out in section 18, and the records that section keeps stay with us. There is no timetable: section 18 says why we are not publishing one. You can ask us to delete what we hold about you at privacy@myfloorpro.com.au, and we will tell you in writing what cannot be deleted and why.

Introduction credits you have paid for and not used are refunded to you within ten business days of the account closing, less anything you properly owe us. They are not forfeited merely because the account closed, and that applies whoever closed it.

Credits we gave you free, as a promotion or as part of a founding offer, are different. They are not refunded in money, and they may expire only where we clearly told you that when we issued them. If we did not tell you, they do not expire.

The parts of these terms that need to outlive the account do: fees already owed, section 19 on liability, and the rules about information that has already been released.

16. Asking us to look at a decision again

Where we make a finding about your conduct, or a decision that moves your score, restricts a feature, suspends your account or closes it, you can ask us to look at it again. You have 30 calendar days from when we tell you about it.

When you ask, we will:

• acknowledge the request within five business days;
• aim to decide it within 20 business days;
• give you the outcome and our reasons in writing; and
• have it looked at by somebody other than the person who made the original decision, wherever that is reasonably practical for a business our size.

If you are late, ask anyway. We will accept a late request where it is fair to do so, and being in hospital, on a job with no reception, or simply not having seen the email are all ordinary reasons why somebody would be.

None of this stops you going to a court, a tribunal or an ombudsman instead, or at the same time.

17. Acceptable use, security, and what you put on MyFloorPro

Use MyFloorPro for genuine flooring work in the course of your business. Do not:

• register with someone else’s details, or hold yourself out as a business you are not;
• run more than one account for the same business so it looks like more than one operator;
• copy, scrape, resell or republish what is on MyFloorPro;
• try to reach another organisation’s records, or get around a limit we have set;
• upload anything harmful, or test our security without asking us in writing first;
• use MyFloorPro to advertise something unrelated, to recruit for a competing service, or to send marketing to members.

Your own obligations stay yours. Licensing, insurance, work health and safety, asbestos, tax and superannuation are between you and the regulator, and we sign none of it off. Where a site is unsafe or asbestos is suspected, stop and deal with it properly. Refusing work on safety grounds never counts against you here, in any part of MyFloorPro.

What you upload stays yours. You give us permission to store it, show it to the members who are meant to see it, and use it to run MyFloorPro and to answer a question or a complaint about something that happened on it. That permission lasts while the content is on MyFloorPro and for as long as section 18 says we keep the record it belongs to. Where you upload a photo of someone else’s job or site, you confirm you are allowed to share it.

The MyFloorPro name, this site, the software and the way it works stay ours, and nothing here gives you a licence to copy any of it. Where you send us a suggestion about how MyFloorPro itself should work, we may act on it without owing you anything. That is limited to suggestions about our own product. It gives us no right to your designs, your documents, your pricing, your customer list or anything else your business owns.

We may take down content that breaks this section. We will tell you why, and you can ask us to look at that again under section 16.

18. How long we keep information

This section says what actually happens today, which is not the same as what we would like the timetable to be. The privacy policy says the same thing in the same words, and where the two ever differ, the privacy policy is the one to read.

Three periods we can state, because each one is real:

• Records of attempts to sign in are ordinarily kept for about 24 hours. The code that writes them clears the older ones, so this happens without anybody doing anything.
• Financial, billing and tax records are kept for at least seven years, or longer where the law requires it.
• Records of the policy versions you accepted, of the introductions we made, and of complaints, disputes and marketplace transactions are kept for as long as we reasonably need them to establish what occurred and to comply with our legal obligations. Our audit log sits in this group.

Everything else about ordinary personal information works like this:

• When an account closes, its profile stops being displayed.
• Personal information we no longer reasonably require is deleted or de-identified.
• Deletion or de-identification may be delayed where the information is reasonably required for legal, tax, security, fraud prevention, consent, transaction, complaint, dispute or record preservation purposes.
• You can ask us to delete or de-identify your personal information at privacy@myfloorpro.com.au.
• We will explain what we retain and why.
• Our providers keep backups. Information we have deleted may remain in a backup until that backup ages out under the provider's applicable retention cycle.

What we are deliberately not promising, and why. We are not going to publish a number of days for deleting a closed account, clearing an expired invitation, ageing out a backup or dropping a security log. No scheduled process does any of those things today, and a deadline nobody can meet is worse than no deadline: it is a claim about software, made to somebody deciding whether to hand that software their business records. There is no automated deletion. A person carries this out when you ask, and tells you in writing what went, what stayed and why. Section 15 says how to ask. If that changes, this section changes with it under section 20, and not before.

We do not delete everything, and it would be misleading to say we did. Records of the introductions we made, fees, the policy versions you accepted, and our own audit log are kept, because they are what we would need in order to answer a question or a complaint about something that already happened, and because some of them we are required to keep.

What we hold, why we hold it, who we share it with, and how to ask for access to it or correction of it are all in the privacy policy. Whether or not the Privacy Act 1988 presently applies to us as a matter of law, we commit to handling personal information consistently with the Australian Privacy Principles. Complain to us first, at privacy@myfloorpro.com.au, and allow us a reasonable chance to respond. Where the Office of the Australian Information Commissioner has jurisdiction, you may complain to it after that. Nothing here stops you getting your own legal advice or using any other right the law gives you.

19. Liability and indemnity

The Australian Consumer Law comes first. Nothing in these terms excludes, restricts or changes a right, guarantee, remedy or liability you have under the Australian Consumer Law, or under any other law that cannot be excluded, restricted or modified by agreement.

Where the law allows us to limit our liability for failing to meet a consumer guarantee about services, our liability is limited to one of these, at our choice: supplying the relevant MyFloorPro service again, or paying the reasonable cost of having that service supplied again. That limit applies only where the law permits it and only where it is fair and reasonable for us to rely on it.

Subject to that, and to the extent the law allows, we are not responsible for:

• the flooring work itself, its standard, its program or its safety;
• whether anyone turns up, starts, finishes, or pays;
• what a member says about themselves, their skills, their licences or their insurance;
• a dispute between two members, or anything either of them does to the other;
• whether a suitable installer, or a suitable job, exists in your area at all.

Also subject to that, we are not liable for a loss that falls into any of these:

• it was not reasonably foreseeable by either of us when we made this agreement;
• it was caused by another member of the marketplace, or by somebody else who is not us;
• it came out of your own breach of these terms, your negligence, your unlawful conduct, or your not taking a precaution a reasonable business would have taken; or
• it arises out of the contract for the flooring work, or the flooring work itself, which we are not a party to.

None of that applies to the extent we caused the loss or contributed to it. Where we are partly responsible, this section reduces what we owe by the part that is not ours, and no further.

Our total liability to you for everything connected with MyFloorPro, added together across every claim arising in any rolling period of 12 months, is capped at whichever is greater: the total fees you paid us in the 12 months before the claim arose, or A$1,000. That is a single cap covering all ordinary claims in the period, not a fresh cap for each thing that goes wrong.

Why there is a cap at all, since it protects us and not you. What we sell is an introduction, for a fee that is small next to the value of the flooring job it might lead to. We are not a party to that job, we do not price it, and we have no way of knowing what it is worth. A business that introduces two parties cannot stand behind the whole value of the work they then agree between themselves. The exceptions below are the cases where that reasoning does not hold, which is why the cap does not reach them.

That cap does not apply at all to:

• fraud;
• wilful or deliberate misconduct on our part;
• any liability that cannot legally be limited;
• a material breach by us of our confidentiality obligations; or
• a material breach by us of our privacy or data protection obligations.

You indemnify us, but only within limits, and they matter as much as the indemnity does. You cover us for a claim brought by somebody else against us, and for the losses and reasonable external costs that come with it, where the claim is directly caused by:

• unlawful content you supplied;
• your infringing somebody else’s intellectual property rights;
• fraud or deliberate misconduct by you; or
• a material breach of these terms by you.

Every one of these applies to that indemnity:

• it is reduced to the extent we caused the loss or contributed to it;
• we have to take reasonable steps to keep the loss down;
• we have to tell you about the claim promptly, wherever that is reasonably possible;
• you get a fair chance to take part in defending it, and we will not settle it in a way that binds you without asking you first; and
• it does not cover the ordinary losses we have accepted responsibility for elsewhere in these terms.

We do not promise MyFloorPro is always available or always free of faults. We rely on other companies to run it, including hosting and email suppliers, and a payment supplier once fees are switched on. They are named in the privacy policy. We will give notice of planned downtime where we reasonably can.

20. Changes to these terms

These terms will change, particularly as features are switched on. The version you are reading is numbered at the top of this page.

When you accept a version, we record which version it was, when, and the IP address it was accepted from. That record is why the number matters: it has to describe the document you actually read.

Where a change materially affects you, we will give you at least 30 calendar days’ notice before it applies, wherever that is reasonably practicable. We will explain the change in plain language rather than sending you a marked up document and hoping. Before you carry on using the part of MyFloorPro the change materially affects, we will ask you to accept the new version, and until you do, the version you accepted is the one that applies to you.

A change we need to make straight away for a legal obligation, for safety, to prevent fraud or for cybersecurity may apply sooner than that. Where it does, we will tell you as soon as we reasonably can and say why it could not wait.

We cannot make a material change to what you have already agreed simply by editing this website. A material change applies to you when you have been told about it and have accepted it, and not before, and it does not reach back and change something that already happened.

A small correction that changes nothing of substance, such as a typo, a broken link or clearer wording, does not need a fresh acceptance. We keep a version history either way, so you can ask us for the version you accepted and we can produce it.

21. Governing law, notices and how to reach us

These terms are governed by the laws of Queensland, Australia, and you and we submit to the courts of that place.

We give you notice by email to the address on your account, so keep it working and current. You give us notice the same way, or by post.

When a notice takes effect:

• an email notice takes effect at 9:00 am on the next business day where the person receiving it is, unless the sender gets a message back saying it was not delivered;
• a posted notice takes effect five business days after it was posted within Australia; and
• a notice about urgent security, safety, fraud or protecting the service takes effect immediately, and we may give it by email and by a notice inside MyFloorPro at the same time.

Formal legal notice to us goes by email to support@myfloorpro.com.au, marked for the attention of the directors.

Our automated messages come from no-reply@myfloorpro.com.au. Nobody reads replies to that address, so it is not a way to give us notice or to reach a person.

For anything about privacy, including a request for access or correction and any privacy complaint, contact privacy@myfloorpro.com.au. For anything about your account or billing, contact accounts@myfloorpro.com.au.

For everything else, email us at support@myfloorpro.com.au. We monitor that address and aim to answer within a reasonable time.

Where part of these terms cannot be enforced, the rest of it still applies. These terms, together with anything else we agree with you in writing, are the whole agreement between us about MyFloorPro.

MyFloorPro is run by J&NB Enterprises Pty Ltd (ABN 11 700 887 609), trading as My Floor Pro. My Floor Pro is the business name registered with the Australian Securities and Investments Commission.